Terms & Conditions - Mobile Recording and Enterprise Flexi Pooling

 

  1. General
    1. “Enterprise Flexi Pooling” is subject to these terms and conditions as well as our prevailing Business General Terms & Conditions and applicable Service Specific Terms & Conditions and any other terms and conditions that we may agree with you in writing. You may view our prevailing Business General and Service Specific Terms & Conditions.
       
  2. Eligibility Criteria
    1. Enterprise Flexi Pooling service is only available to enterprises incorporated in Singapore, with valid business or company registration numbers. To be eligible for Enterprise Flexi Pooling:
      1. you must first be approved by our credit and risk department;
      2. you must commit to subscribe and maintain your subscription of a certain minimum number of lines to be agreed by us in writing throughout the entire period of your subscription;
      3. you must activate all such minimum number of lines at the same time unless otherwise agreed by us in writing);
      4. you acknowledge and agree that not all mobile subscription plans are available for Enterprise Flexi Pooling and therefore, your participating mobile numbers in each pool must all be under a certain type of subscription plan as may be prescribed by us; and
      5. all of your participating mobile numbers must be registered under the same enterprise name, registration number and fall under a single and the same billing account (i.e. all participating mobile numbers must be registered under a single entity and not multiple entities).
    2. The details of the foregoing Clause 2.1 are set out below:
      1. Pool:
        1. Minimum W lines Enterprise Child Share Voice for local voice, local data and local SMS. 
        2. Minimum X lines Enterprise Child Share Data for local data and local SMS pooled.
        3. Minimum Z lines Enterprise Flexi Voice Bundle for local voice, local data, local SMS and roaming voice, roaming data and roaming SMS.
        4. Minimum X lines Enterprise Flexi Data Bundle for local data, local SMS, roaming data and roaming SMS.
    3. If the committed minimum number of lines in each pool is not met at any time during the period of your subscription, Enterprise Flexi Pooling shall be automatically terminated, without further notice, with effect from the next or subsequent billing cycle.
    4. If there is a change in the mobile subscription plan of any one of the participating mobile numbers, Enterprise Flexi Pooling shall be automatically terminated, without further notice, for the affected mobile number(s) with effect from the next or subsequent billing cycle.
       
  3. Enterprise Flexi Pooling
    1. Under Enterprise Flexi Pooling, the bundled entitlements granted under Enterprise Flexi Voice Bundle and Enterprise Flexi Data Bundle for each participating mobile number with regards to local voice minutes, local SMS and local data ("Local Bundled Entitlements") and voice roaming, SMS roaming and data roaming, (“Roaming Bundled Entitlements”) will be pooled together for shared use among all participating mobile numbers under the same billing account.
    2. Under Enterprise Flexi Pooling, the bundled entitlements granted under Enterprise Child Share Voice and Enterprise Child Share Data for each participating mobile number with regards to local voice minutes, local SMS and local data ("Local Bundled Entitlements") will be pooled together for shared use among all participating mobile numbers under the same billing account. All roaming usage under Enterprise Child Share Voice and Enterprise Child Share Data will not be pooled together for shared use among all participating mobile numbers under the same billing account.
    3. We will allocate the Local Bundled Entitlements and Roaming Bundled Entitlements to each of the participating mobile number on a "first-come-first use" basis as determined by us. Our determination of the allocation/apportionment and sequence of use of the Local Bundled Entitlements and Roaming Bundled Entitlement shall be final and conclusive and we will not be liable to you and your users in connection with such determination. We will not entertain any enquires or disputes in relation to allocation and use of the Local Bundled Entitlements and Roaming Bundled Entitlement amongst the participating mobile numbers.
    4. Where the use of any of the local minutes, local SMS, local data and/ or roaming voice, roaming SMS, roaming data exceeds the Local Bundled Entitlements and Roaming Bundled Entitlements ("Excess Usage"), such Excess Usage shall be charged per our prevailing rates or the rates that may be specified by us in writing from time to time.
    5. Enterprise Flexi Pooling is mutually exclusive from all data roaming value added services (“VAS”), RoamEasy Daily, RoamEasy Monthly, DataRoam Daily Unlimited and other promotions, discounts, plans and other mobile offerings.
    6. If a participating mobile number did not subscribe to international roaming VAS, its usage will not be pooled together for shared use amongst all participating mobile numbers under the same billing account.
       
  4. Charges and Billing
    1. We will charge the monthly subscription plan Charges for Enterprise Flexi Pooling each month for each participating mobile number for the entire subscription period.
    2. Our bill will only set out the total local voice, local SMS, local data, roaming voice, roaming SMS, roaming data used by each participating mobile number. No other information will be provided, including but not limited to any information on the allocation/apportionment or sequence of the use of the shared Local Bundled Entitlements and Roaming Bundled Entitlements.
    3. Unused entitlement will be rolled over for one bill cycle. If the entitlement of previous bill cycle is still not used up in the current bill cycle, it will be automatically and immediately forfeited without further notice to you and cannot be rolled over to next bill cycle. The entitlement of current bill cycle should have higher priority than that of the previous bill cycle. In other words, the free units generated in current bill cycle should be used first.

Example 1:

Customer with Enterprise Flexi Data plan has 1GB local data volume. Customer used 500MB local data in Nov 2015. In Dec 2015, customer can enjoy 1GB and 524MB local data volume. The 1GB generated in Dec 2015 will be used first. If customer used 900MB in Dec 2015, then customer can enjoy 1GB and 124MB local data entitlement in Jan 2016.


Example 2:

Customer with Enterprise Flexi Data plan has 1GB local data volume. Customer used 500MB local data in Nov 2015. In Dec 2015, customer can enjoy 1GB and 524MB local data volume. The 1GB generated in Dec 2015 will be used first. If customer used 1124MB in Dec 2015, then customer can enjoy 1GB local data entitlement in Jan 2016.

    1. SMS and Email notification, Bon Voyager SMS, any other bill shock capped feature is disabled when the roaming data entitlement is shared. If we, in our sole discretion, determine that your data usage is in excess of fair usage, we shall be entitled to, without any notification and liability to you, suspend, restrict and/or terminate your access to the data roaming services.
    2. For addition of new mobile lines, the monthly subscription plan Charges and bundled local offer will be prorated for such additional lines.
    3. For termination of lines, the monthly subscription plan Charges and bundled local offer and bundled roaming offer of the terminated lines will not be prorated as the Local Bundled Entitlements and Roaming Bundled Entitlements would have already been pooled.
    4. In event of upgrade or switch to higher monthly subscription plan, there will be no administrative Charges imposed for the upgrade. However, in event of downgrade or switch to lower monthly subscription plans, there will be a downgrade Charge based on the following computation:
    5. Older sales monthly recurring Charge minus new sales monthly recurring Charge x remaining contractual days for the rest of the remaining Minimum Period of Service.

      Example: Older sales monthly recurring Charge: $80. New sales monthly recurring Charge $50. $30 x remaining contractual days for the rest of the remaining Minimum Period of Service.

    6. Enterprise Flexi Pooling Data Roaming cannot be used in conjunction with other data roaming VAS/ monthly or daily cap or plans.
    7. Roaming Data Destinations exclude AeroMobile, OnAir, Onwave (Maritime) and any other premium satellite and/or maritime operators and such other operators and/ or services as may be determined by StarHub from time to time.
    8. Enterprise Flexi Pooling Data Roaming shall only apply to internet browsing and emailing on the designated roaming operators’ networks.
    9. Enterprise Flexi Pooling Data Roaming is subject to our fair use policy set out in our prevailing Business General Terms and Conditions available at www.starhub.com. If we, in our sole discretion, determine that your data roaming usage is in excess of fair usage, we may, without any notification and liability to you, suspend, restrict and/or terminate your access to the data roaming service or charge you at our prevailing data roaming rates for any excessive data roaming usage.
    10. We may amend these terms and conditions, including but not limited to, our pricing and list of designated roaming operators, from time to time without prior notice.
       
  1. CMR VAS
    1. Compliant Mobile Recording (“CMR”) VAS is only available under Enterprise Flexi Plan
    2. To subscribe to CMR, you must first subscribe to our “CMR Platform Plan”; otherwise, CMR users cannot be activated.
    3. Under the CMR Platform Plan, you must have an on-premise call logger where recordings will be forwarded and stored. CMR only works with supported on-premise call loggers.
    4. CMR Platform Plan will have separate Charges from CMR VAS.
    5. CMR VAS is mutually exclusive to other VASes such as but not limited to DataRoam, voice mail, foreign number, international roaming, intra-company services etc.
    6. You will need to change your SIM card to use CMR VAS. We will issue you with a new special SIM card for CMR VAS and your mobile number can be retained.
    7. If you are porting mobile number from another operator to us and wish to subscribe to CMR VAS, the porting must be successfully completed first before we can issue you with the new special SIM card and provision CMR VAS.
    8. By subscribing to CMR VAS, your roaming rates may differ from standard Enterprise Flexi Plan.
    9. CMR VAS will only record voice call(s) when the user is in Singapore and in supported roaming countries
    10. SMS will not be recorded.
    11. OTT voice calls and instant messages will not be recorded.
    12. CMR VAS does not support roaming SMS (both in terms of sending and/or receiving SMS).
    13. To use roaming data when overseas, you (including your users) must manually or physically change APN.
    14. You (including your users) must always comply with PDPA requirements when implementing and using the Service.
    15. You will need to appoint recording platform administrator. The relevant details of recording platform administrator will need to be provided to us during the application process.
    16. The recording platform administrator will have the authority to instruct us to make changes to the configuration of the recording service subscribed by you.
    17. The recording platform administrator is responsible for being the single-point-of-contact or SPOC for mobile recording users for communication of any service impacting notifications.

  2. CMR Platform
    1. CMR Platform is required for connection to customer’s on-premise call logger. We provide CMR Platform Plan subscription to support CMR VAS.
    2. CMR Platform Plan will have separate charges from CMR VAS.
    3. You must subscribe to SIP or ISDN line for the connection to the on-premise call logger. This is to enable CMR Platform to deliver the call recording to the on-premise call logger.
    4. CMR Platform only works with supported on-premise call logger.
    5. CMR Platform Service Availability
      1. “Service Availability” refers to the period of time where the CMR Platform is available to you over a calendar month.
      2. We will use our commercially reasonable endeavours to provide the CMR Platform Service Availability set out in the table in Clause 6.4.5 below.
      3. If there is a disruption to the CMR Platform, you must report the failure to us immediately. Upon receipt of your report, we will test the CMR Platform to determine whether there is a loss of CMR Platform. Upon verification that the CMR Platform has been restored, we will notify you for the hand-over and acceptance of the CMR Platform.
      4. The period during which the CMR Platform is not available is known as “Unavailable Time” provided that we have confirmed to you that there is an outage due directly and solely to our equipment and/or network, Unavailable Time will be calculated from the time we receive your report and the time that we confirm that the CMR Platform is restored. Such calculation shall be determined solely by us. Unavailable Time excludes periods during which the CMR Platform has been restored using other equipment, cables and/or medium of transmission. If you choose to extend the tests beyond the above period and/or continue using the CMR Platform during the Unavailable Time, the period of the extended tests or continued usage will not be calculated as Unavailable Time.
      5. If we do not meet Clause 6.4.5, we will compensate you for the Unavailable Time by reducing a percentage of the CMR Platform’s monthly recurring Charge paid by you and received by us and such compensation shall be your sole and exclusive remedy for the CMR Platform unavailability:

 

Service Availability

Service Credit

< 99.9%

5% of Monthly Recurring Charge of CMR Platform

< 99.8%

10% of Monthly Recurring Charge of CMR Platform

< 99.7%

15% of Monthly Recurring Charge of CMR Platform

< 98.0%

20% of Monthly Recurring Charge of CMR Platform

< 95.5%

30% of Monthly Recurring Charge of CMR Platform

    1. How to Claim Compensation
      1. Upon our confirmation of your entitlement to compensation pursuant to the CMR Platform Service Availability, you may make a claim by provide us with all claims arising during the previous billing cycle, before the next billing date.
      2. To make a claim, you should write to us, addressed to your StarHub account manager.
      3. We may set off the amount of compensation against your next bill or send you a cheque for a similar sum. We may also set off all or part of the compensation amount against any outstanding charges you owe us.
    2. You will not be entitled to compensation set out in Clause 6.4 above for delay, unavailability or service degradation due to, but not limited to, the following:
      1. fault caused by or arising from your or any third party’s equipment, or your acts or omissions;
      2. planned outages in our network which we have given advance notice to you;
      3. the inability of, or delay caused to our staff and/or agents in accessing or working on your premises due to the premises being inaccessible, in unsafe working conditions or in any other inadequate or deficient state;
      4. the inability of, or delay caused to our staff and/or agents in accessing or working on the Service for any reason whatsoever (including the lack of co-operation of your staff and/or agents to make available the Service for us and/or for maintenance);
      5. your request for us to conduct any test on the Service;
      6. fault, interruption or disruption of the network or equipment of other service providers;
      7. disconnection and/or reconnection of the Service due to non-payment of any charges payable to us or where the Service is disconnected due to it being used for any illegal or unlawful purpose or otherwise in breach of your obligations;
      8. a breach by you of any of the provisions set out in this Agreement between us for the provision of the Service; and/or
      9. Force Majeure events or other circumstances beyond our reasonable control.
    3. In the event of a dispute regarding your qualification to make a claim or as to the quantum of the claim payable to you, our decision on the matter or issue will be final.